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1999 Supreme(Mad) 1221

S.S.SUBRAMANI
Duraipandian – Appellant
Versus
Tamiljothi and others – Respondent


Advocates:
A. Sankarasubramanian, Advocate for Petitioner. Mr. P. Peppin Fernando, Advocate for Respondent.

Judgment :

1. The defendant in O.S. No. 117 of 1997 on the file of the Principal Subordinate Court, Tenkasi is the revision petitioner.

2. The said suit was filed by the respondents herein/plaintiffs for partition. The revision petitioner is the son of the first wife of the fourth plaintiff and respondents 1 to 3 are the daughters of the second wife of the fourth plaintiff. Alleging that the family remains undivided, the said suit was filed for partition. In the written statement filed by the revision petitioner, he alleged that between himself and the fourth plaintiff, there was an oral partition on the basis of the Panchayat and plaintiffs 1 to 3 also relinquished their claim and agreed for a division and on the basis of the panchayat held, the properties were taken possession. To substantiate that there was a panchayat and consequent oral partition, the petitioner relied upon a memorandum of settlement executed between himself and the fourth plaintiff dated 24. 1996 and he wanted the said document to be admitted in evidence. The respondents herein opposed the marking of the document on the ground that the document dated 24. 1996 is compulsorily registerable under Section 17 (1)








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